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mussim0000

Can she apply for Green Card now from her Country?

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Not sure what you're asking, but she isn't a resident until she enters US. So only thing she can do is enter US, otherwise her visa is going to eventually expire.

she have lots of time to enter Us. She got Visa just 2-3 days ago. MY QUESTION IS Can she apply for Green Card here from US embassy Nepal or she have to enter US and apply for it?

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hi

what type of visa are you referring to? your question isn't clear

if it is a tourist visa, no, she cannot, spouses of residents cannot adjust status in the US, she will go through consular processing and have the interview in her country. The tourist visa is just for visiting. In that case, why hasn't he already filed for her?

now if her husband already filed the petition and had her interview for a residency then:

she doesn't apply for a GC, she pays the fee and will get the GC in the US after entering the country. the visa fee for the physical card is $165

she will had in her envelope at the point of entry to the US and immigration will stamp her passport with the i551 stamp which represents residency until she gets her GC in the mail

there is nothing else to apply, she got the visa, upon entering she will be a LPR, no other forms to file, she just has to pay the fee for the physical card to arrive in the US

or does she have another type of visa, what type of visa did she get?

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hi

what type of visa are you referring to? your question isn't clear

if it is a tourist visa, no, she cannot, spouses of residents cannot adjust status in the US, she will go through consular processing and have the interview in her country. The tourist visa is just for visiting. In that case, why hasn't he already filed for her?

now if her husband already filed the petition and had her interview for a residency then:

she doesn't apply for a GC, she pays the fee and will get the GC in the US after entering the country. the visa fee for the physical card is $165

she will had in her envelope at the point of entry to the US and immigration will stamp her passport with the i551 stamp which represents residency until she gets her GC in the mail

there is nothing else to apply, she got the visa, upon entering she will be a LPR, no other forms to file, she just has to pay the fee for the physical card to arrive in the US

or does she have another type of visa, what type of visa did she get?

hi aleful..how to pay physical card?

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hi

there is an ELIS website where she can pay

you can find it on the immigration website and find the link

www.uscis.gov/ucis-elis

if it doesn't go directly to the page, scroll to the bottom of the main page and you will find uscis ELIS

Edited by aleful

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Please note that spouses of LPR's are able to adjust status within the US as long as they have a current PD date.

OP: I'm not 100% sure what you are asking. You mentioned that her visa was issued, but what kind of visa was it? An immigrant visa, student visa, work visa, or tourist visa?

As mentioned before, if it was an immigrant visa, she will become an LPR upon entry with that visa in the US. She would have to pay a $165 immigrant fee to USCIS in order to get the green card. It's best if this is paid before POE. Now even though she wouldn't have the physical GC, she would still be considered an LPR after POE.

If it's some other type of visa like a tourist visa, work, or student visa, these are nonimmigrant visas and she has to follow the rules for those visas. She would still have to be petitioned by her husband in order to eventually become an LPR if he hasn't done so already. Could you please elaborate in order to give you a clear answer?


This does not constitute legal advice.

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